For the purposes of this policy, malpractice is defined as the deliberate falsification of records and/or using unfair means during examinations in order to obtain a qualification or certificate.

Examples include:

· Claiming certification for non-active candidates

· Claiming for a certificate for candidates who have not undergone appropriate assessment

· Claiming for incorrect units or qualifications

· Claiming for fictitious candidates

· Fraudulent candidates

· Using any books, notes or other material for theory examinations

· Communicating with other candidates or outside sources during theory examinations.

It is distinguished from mal-administration, which is the accidental claiming or issuing of certificates. The former is a deliberate act to deceive, and the latter incompetence or a simple mistake.

Reporting Malpractice

Staff have a responsibility to report any alleged or suspected malpractice immediately to the awarding body or as soon as reasonably possible if out of office hours. The awarding body will then investigate the alleged irregularities and in all cases, notifying the regulatory authorities, once malpractice has been proven. The awarding body will also indicate the proposed action and an estimated timescale for the investigation to the regulatory authorities.

If material collected by the awarding body is confidential to the individual, such as financial details, the awarding body will ensure that this is kept secure and not disclosed to a third party. Additionally the awarding body will guarantee that a complainant’s identity will not normally be disclosed without his or her formal written agreement.

Any report of malpractice will be sent to the awarding body. They have the power to have candidates re-assessed and suspend members where malpractice is proven; they have the power to disqualify candidates, expel members and take legal action where gross malpractice is proven. The awarding body will inform the regulatory authorities of the outcomes of procedures and will co-operate with any follow-up investigations required by the regulatory authorities and agree on appropriate remedial action if there is evidence that certificates may be invalid.

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